FG: Bid to block probe a ‘political stroke’

BERTIE AHERN’S bid to block the Mahon corruption probe was branded a “political stroke” by opponents last night as it emerged three High Court judges will decide the case.

The challenge, to prevent the tribunal questioning the Taoiseach on Dáil statements, will be held on April 1 and the constitutional gravity of the action is reflected in the rare move to have more than one judge ruling.

Fine Gael insisted Mr Ahern’s action will delay the tribunal’s final report by six months or more in a deliberate “play for time”.

“This is a political stroke. It is not really a legal action, it’s political, and it is working.

“He wants to delay the tribunal and slow it down for his own reasons. He clearly has something to hide and wants to slow down the investigation for as long as possible.

“In fact, the likelihood is that the Mahon Tribunal’s hearings will not be completed before the end of this calendar year with the final publication of its findings pushed back accordingly,” said FG justice spokesman Senator Eugene Regan.

The divisional hearing is expected to last three days and is likely to be appealed to the Supreme Court by the losing party.

Mr Ahern believes the matter to be a vital constitutional test case.

He said the courts “believe there is significant legal points, constitutional points. The place to hear that is in the courts, so — on with it”.

The Taoiseach says he is taking the action to protect the rights of privilege enjoyed by all TDs.

However, FG and Labour claim this is a smoke screen intended to prevent him being questioned on “inconsistencies” between statements he made inside and outside the Dáil.

Mr Ahern is still expected to appear before the Mahon probe at Dublin Castle for two days next week, however, the matters due for consideration by the High Court will be off-limits.

The Taoiseach has also asked the High Court to rule he does not have to give 150 documents relating to advice to him from banking expert Paddy Strong.

The Taoiseach also wants the tribunal to give him all its financial calculations and documentation relating to the investigation’s suggestion lodgements of $45,000 and £25,000 were made by Mr Ahern, or on his behalf, into his bank accounts while finance minister late 1994.

It is very unusual for the High Court to sit in its divisional form with three judges.

The move is reserved for cases considered to be of national or constitutional importance.

The tribunal, set up in 1997, had hoped to produce a final report by the end of this year with a total bill for the 11 year probe coming to around €300 million.